SUPREME COURT

Dominion, Volume 11, Issue 225, 11 June 1918, Page 7

SUPREME COURT

INHERITANCE OP ALIENS. His Honour Mr. Justice Hosking presided' at the Supreme Cour.t yesterday. The Solicitor-General, Sir John Salmond, made an ex parte application.under section. 3 of the War Legislation Act, 1917, asking for the forfeiture of a certain piece of land Tested in alien enemies. The Court was asked to direct that a notice of the application be given l to the .Public Trustee

Mr. Hay, for the Public Trustee, accepted notice, aud appeared, intimating that the Public Trustee had already been' favoured with a copy of the notice. Sir John Salmond said that Heinrich Heuer, a. German, a bootmaker residing at Eeefton, died last year, leaving a will, and by that will he left the wholo of his estate to his nephews, all of whom were Germans and resident in Germany. Par.t of the estate consists of freehold land at Reef ton, and the application referred to that land. The Public Trustoe held the land in virtuo of the trust created by the will. Counsel referred to the case of Heidemann, which was decided last year. Mr. Hay said the position of the Public Trustee was one of disinterestedness; at the samo time it was pure supposition that any of the beneficiaries were still alive. The will was made in 1904, and it was a question whether the beneficiaries were still alive, and if they were not alive the tr.ust would lapse. Tho land was only worth .£llO according to tho Government valuation. »

His Honour made the order as requested, and the land was declared forfeited.